HIV and the Law in Australia: A Mapping Review of Contemporary Case Law
This report shows that HIV-related legal matters arise across a spectrum of both public and private law, including anti-discrimination law, wills and estates, and tort law. In this review, 281 relevant records from all Australian jurisdictions were uncovered spanning a wide range of areas of law. Migration law was an area where a significant number of HIV-related cases were identified, demonstrating a clear relationship between HIV status and the determination of visa-related questions before a decision-maker or judge. Although the results reported here indicate that HIV-related legal matters extend well beyond those related to the criminal law, at the same time, the prosecution of people living with HIV for transmission-related offences remains a feature of the criminal law.
Supreme Court of Finland R2012/1093 – KKO:2015:83
A, aware of his HIV infection, had several times unprotected anal sex with B without telling him about his illness. B had not been infected with HIV. The question of whether A had caused a serious danger to B's life or health.
This document has been translated from its original language using DeepL Pro (AI translation technology) in order to make more content available to HIV Justice Academy users. We acknowledge the limitations of machine translation and do not guarantee the accuracy of the translated version.
Original text is available at https://finlex.fi/fi/oikeus/kko/kko/2015/20150083
HIV-Infected mothers who decide to breastfeed their infants under close supervision in Belgium: About two cases (2020)
A case report from Belgium in which specific guidelines were implemented in order to support two mothers' choice to breastfeed. As a result of different prophylactic measures including antiretrovirals in mothers and infants and close follow-up, none of the infants were infected.
- Alternative links
- Read on the Frontiers Pediatrics site
HIV Criminalization in Georgia: Penal Implications for People Living with HIV/AIDS
Analyses how HIV criminalisation laws in Georgia have been utilised and assesses preliminary findings on disparities between sub-populations. Found that there might be disparities in enforcement of HIV Criminalisation laws related to geography, race/ethnicity, sex at birth or sex worker (or suspected sex worker) status.
Le VIH, la loi et les droits de l’homme dans le système africain des droits de l’homme: Principaux défis et opportunités pour les réponses au VIH fondées sur les droits
Rapport sur l’Étude de la Commission africaine des droits de l’homme et des peuples. Le rapport présente l’état actuel de l’épidémie du VIH en Afrique dans la perspective des droits de l’homme et du genre. Il contient aussi une analyse détaillée des principaux défis des droits de l’homme affectant la réponse au VIH sur le continent, notamment la criminalisation des personnes vivant avec le VIH et des membres des populations clés.
South African Law Commission Report on Criminalisation of HIV Transmission
Presents findings from an enquiry undertaken at the request of the Parliamentary Justice Portfolio Committee following public pressure for ‘appropriate action’ regarding deliberate or knowing transmission of HIV infection. The report concludes that statutory intervention (HIV specific law) is neither necessary nor desirable.
Consultation on Prosecutorial Guidelines for Ontario Cases Involving Non-disclosure of Sexually Transmitted Infections: Community Report and Recommendations to the Attorney General of Ontario
Aims to contribute to Ontario Ministry of the Attorney General (MAG)’s consideration of guidance to assist Crown counsel to make fair and timely decisions in cases based on allegations of nondisclosure of HIV or other sexually transmitted infections to a sexual partner. Reflects discussions, feedback and recommendations from community consultations. Recommends specific text with accompanying rationale.
New Zealand Police v Justin William Dalley
Clarifies that use of a condom satisfies the requirement to take ‘reasonable care’ to prevent HIV transmission during vaginal sex, and that ‘failsafe’ precautions are not required by law. Also finds that oral sex without a condom (and without ejaculation) satisfies the standard of ‘reasonable care and precautions’. This ruling means that disclosure of HIV status before vaginal sex is not required as long as a condom is used. Disclosure before oral sex is not required.
Prevalence and public health implications of state laws that criminalize potential HIV exposure in the United States
Describes the prevalence and characteristics of laws criminalizing HIV exposure across the U.S., examining the implications of these laws for public health practice. Finds that nearly two-thirds of states have legislation criminalizing potential HIV exposure, including behaviours that pose low or negligible risk. States are encouraged to re-examine HIV-specific laws (referencing current science) and consider whether current laws are the best vehicle to achieve their intended purposes.
Results from the Roundtable on Criminalization of HIV and women in BC Priority Setting Day
Outlines the impact of the criminalization of HIV on women, and sets research and advocacy priorities to inform policy and practice.